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24 Oct 2023, 9:01 pm
Let me conclude by addressing the proverbial elephant that shows up in any room where a regulator like me is speaking to those working in compliance: when does the Enforcement Division recommend charges against a compliance officer? [read post]
24 Oct 2023, 4:36 pm
What does section 1 of the Defamation Act 2013 say and how can the test be met? [read post]
24 Oct 2023, 9:50 am
Corporate enforcement is in an era of expansion and innovation. [read post]
24 Oct 2023, 7:45 am
Swift does indeed have an undeniably out-sized carbon footprint. [read post]
24 Oct 2023, 3:15 am
While it is does not appear that we will see the Commission act on climate disclosure by Halloween, we will get an opportunity to hear from SEC Chair Gary Gensler on the topic later this week. [read post]
24 Oct 2023, 3:00 am
What does the concept of ‘criteria laid down in … national law’ (to qualify as a ‘member of the public’) mean? [read post]
23 Oct 2023, 9:05 pm
Therefore, engagement does not seem to change either the voting behavior of asset managers or the corporate governance practices of portfolio firms. [read post]
23 Oct 2023, 6:16 pm
Characterisation is a ‘species of interpretation’ (Michael Douglas, ‘Does Choice of Law Matter? [read post]
23 Oct 2023, 2:05 pm
Chamber of Commerce have declared an intent to challenge in court any noncompete ban the FTC might propose, arguing that the FTC simply does not have authority to adopt regulations on labor. [read post]
23 Oct 2023, 3:42 am
” The petitioners had argued that Nasdaq qualifies as a state actor; the appellate court rejected all of the grounds on which the petitioner sought to rely to try to establish this point, specifically noting that the SEC’s involvement with and approval of the rules did not subject the rules to constitutional scrutiny, and further that Nasdaq does not become a state actor merely because it is regulated. [read post]
22 Oct 2023, 9:01 pm
The class argued that the company’s failure to disclose information regarding the defects’ impact on future financial performance violated Item 303 and constituted a material omission actionable under Section 10(b) and Rule 10b-5.[10] The Ninth Circuit, affirming the lower court’s decision, found that Item 303 does not create a duty to disclose under Section 10(b), and that Section 10(b) liability “must be separately shown” pursuant to the established 10(b)… [read post]
22 Oct 2023, 6:30 am
Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here) and Does Enlightened Shareholder Value Add Value? [read post]
22 Oct 2023, 6:30 am
Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here) and Does Enlightened Shareholder Value Add Value? [read post]
22 Oct 2023, 6:30 am
Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here) and Does Enlightened Shareholder Value Add Value? [read post]
22 Oct 2023, 6:30 am
Related research from the Program on Corporate Governance includes The Illusory Promise of Stakeholder Governance (discussed on the Forum here) and Does Enlightened Shareholder Value Add Value? [read post]
21 Oct 2023, 4:01 am
The update distinguishes a sole proprietor from a self-incorporated petitioner (such as a corporation or a limited liability company with a single owner), where the corporation or the single member limited liability company is a separate and distinct legal entity from its owner, which may petition for that owner. [read post]
20 Oct 2023, 5:14 pm
Sharing and collecting this information can make life a lot more convenient and does not seem to pose any imminent risks of harm. [read post]
20 Oct 2023, 7:55 am
Also, organizational form doesn't matter: speakers don't "shed their First Amendment protections by employing the corporate form to disseminate their speech. [read post]
20 Oct 2023, 3:30 am
., a publicly traded corporation. [read post]
20 Oct 2023, 12:15 am
The plaintiff's compliant included causes under both California's Corporate Securities Law and California's Unfair Competition Law. [read post]
